IN THE COURT OF THE 1ST ADDL. JUNIOR CIVIL JUDGE :: ONGOLE.

EP NO 205/2013.
OS NO 536/2010.
BETWEEN:Shriram chits (P) Ltd.,Ongole, Rep.
By its branch manager-Cum- Foreman

D.H.R
Vs

Kasukurthi Sivakumar and others

J.D.RS

COUNTER FILED ON BEHALF OF THE J.D.R 1TO3.

It is humbly submitted the petition is not maintainable either under law or on facts
and the same is liable to be dismissed in limini.
2.
The allegations in the petition-affidavit and which are not specifically referred to and
admitted here under to be true, and deemed to have been denied and the petitioner is put
to strict proof of the same.
3.

The allegations in the petition affidavit are all false allegations made by the D.H.R.

4.
It is humbly submitted that the 1 st J.D.R paid of Rs 15,000/- to the D.H.R regarding
to this E.P and adjusted to the E.P amount dt:- 05-02-2014. But the D.H. R did not
mentioned in this E.P petition.
5.
It is humbly submitted that prior to filing this E.P petition the D.H.R filed Execution
petition for salary attachment of J.D.R-3 and the same was numbered E.P. No 7/2012. The
Honble Court was pleased to order to attach the salary of J.D.R-3 and attached the salary of
J.D.R-3 from 01-02-2012 to 01-09-2013 of Rs 23,800/-. The attached amount is in the
account of this Honble court. Till now the J.D.R-3 salary has been attaching by the Honble
court. Even the J.D.R-3 salary has been attaching to the above decree amount; the D.H.R
filed another E.P for attaching salary of J.D.Rs by surprising the said facts. The above E.P is
not maintainable as the J.D.R-3 salary has been attaching continue every month to the
earlier E.P. The second E.P is not maintable as the earlier E.P No 7/2012 is pending and the
J.D.R No.3 salary is continue deducting in earlier E.P and also the attachment amount is in
CCD account.

6.
There is no prima facie case and balance of convenience in favour of the petitioner.
There are absolutely no grounds to entertain the above petition.
7.

These respondents humbly submit to the Honble Court to dismiss the E.P with costs,

in the interest of the Justice.

ONGOLE
DATE :- 13-03-2014

Be pleased to consider.

Advocate for respondents

RESPONDENTS 1TO3

The above facts are true to the best of my knowledge and belief and inf ormation.

Ongole,
Date:13-03-2014

RESPONDENTS 1TO3

P.L.P
IN THE COURT OF THE 1ST ADDL.
JUNIOR CIVIL JUDGE :: ONGOLE.

EP NO 205/2013.
OS NO 536/2010.

COUNTER FILED ON BEHALF OF THE J.D.R 1TO3.

FILED BY:P.L.PAVANKUMAR B.COM., B.L

ADVOCATE,ONGOLE.

IN THE COURT OF THE IST ADDL JUNIOR CIVIL JUDGE::ONGOLE.

EP 205/2014
OS No536/2010
BETWEEN:Sriram chits pvt rep. by its,
Branch manager cum foreman,
Branch-11, Ongole
D.H.R/Petitioner
Vs
K.Savi kumar and others
J.D.Rs/ Respondents
AFFIDAVIT FILED UNDER SECTION 139 OF C.P.C.
I, Dasari Pothuraju, son of Chenchaiah aged about 44 years, MPHA (M)
on contract basis, Mandal primary Health center, Tanguter, Prakasam (D.T).,
do hereby solemnly affirm on oath and state as follows:I am the petitioner here in and 3 rd respondent in above E.P. I know the
above the all facts of the case and giving this affidavit.
The D.H.R/ Petitioner filed a suit against the respondents 1 to3 for
recovery of money in Honble principal junior civil judge, Ongole, the suit
number is 536/2010. The suit was decreed by the Honble court. And then
the D.H.R/ Petitioner filed E.P against the respondents and including me. The
same was numbered EP No 7/2012 and order was passed that as my salary
was attached to the E.P No 7/2012 amount. When the Honble court was
passed the order to attach my salary and adjust to the E.P amount, from
then my salary has been attached and deducting till this month. Now the
attachment amount is in CCD account. The E.P No 7/2012 is pending and my
salary is deducted every month in E.P. The D.H.R/petitioner filed this E.P by
surprising this fact. Even my salary has been deducting regarding to the Os
No 536/2010 decree amount; the D.H.R filed another E.P by surprising the
facts. This E.P is not maintainable because of the E.P No 7/2012 is pending
and the salary is deducting to the same decree amount. The attachment
amount is in account of CCD.
Even though the prior E.P No 7/2012 is pending and salary has been
attached till this month. The above facts are surprising and filed above E.P. it
is just and necessary to stay the E.P proceedings.
Hence I pray the Honble court may be pleased to stay operation of
decree and direct the garnishee not to attach the salary and deduct
the
attachment amount from my salary, in the interest of justice.

Ongole.
Date -03-2014.

DEPONENT
Solemnly affirmed signed before
Me on this day of March 2014

Advocate, Ongole

IN THE COURT OF THE IST ADDL JUNIOR CIVIL JUDGE::ONGOLE

EP 205/2014
OS No536/2010
BETWEEN:Dasari Pothuraju,
S/o Chinnaiah,
R/o Tangutur mandal,
Prakasam District

Petitioner/J.D.R-3
Vs

Sriram chits pvt rep. by its,

Branch manager cum foreman,
Branch-11, Ongole
Kasukurthi Siva kumar,
S/o Lakshmi Narayana,
R/o D No 1-25, Ambedkar colony,
Tangutur M&D, Prakasam District.
Kasukurthi Kutumba rao,
S/o Ploaiah,
Goudluru post
Prakasam District

D.H.R/Petitioner

J.D.R No-1/Respondent

J.D.R No-2/ Respondent

PETITIONER FILED UNDER ORDER 41 RULE 5 AND 151 OF C.P.C.

For the reasons stated in the accompanying affidavit, the petitioner
pray that the Honble court to stay the operation of decree and direct the
garnishee not to attach the petitioners salary and not to deduct the
attachment amount from the salary, in the interest of justice.

Ongole,
Date: -

Advocate for petitioner/J.D.R No-3

P.L.P
IN THE COURT OF THE IST ADDL
JUNIOR CIVIL JUDGE::ONGOLE

EP 205/2014
OS No536/2010

PETITIONER FILED UNDER ORDER 41 RULE 5 AND 151 OF C.P.C.

FILED BY:P.L. PAVAN KUMAR B.COM., B.L.

ADVOCATE,ONGOLE.